Introduction of BNS Section 18
BNS Section 18 provides legal protection for individuals who unintentionally cause accidents while performing lawful acts. As long as the person was acting in good faith, with no intent to harm, and with reasonable care, they are not held criminally responsible for the accident. This section ensures that genuine accidents, where the individual was following the law, do not result in unfair punishment.
The Bharatiya Nyaya Sanhita (BNS) Section 18 replaces the old Indian Penal Code (IPC) Section 80.
What is section 18 of BNS ?
Section 18 of the Bhartiya Nyaya Sanhita (BNS) covers situations where a person accidentally causes harm while doing something lawful. If the person was acting within the law, without any intention to cause harm, and the accident happens despite taking reasonable care, they are not held criminally responsible. This section is meant to protect individuals from being punished for genuine accidents that occur during lawful activities.
BNS Section 18 in Simple Points
“Nothing is an offence which is done by accident or misfortune, and without any criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful means and with proper care and caution.”
(This provision corresponds to IPC Section 80, updated under BNS 2023.)
1. Meaning of Section 18
BNS Section 18 protects individuals from criminal liability when an accident occurs while they are engaged in a lawful activity. If someone is acting legally, without any intention to cause harm, and with proper care, they cannot be punished for accidental harm.
Example: If a driver, following all traffic rules, accidentally hits someone due to sudden brake failure, it is not considered a criminal offence.
2. Purpose of Section 18
The purpose is to ensure:
- People are not punished for genuine accidents.
- Criminal law only applies where there is intention or negligence.
- Trust in the justice system is maintained by differentiating between accidents and crimes.
3. Essential Ingredients of Section 18
For this section to apply, these conditions must be present:
- Lawful Act: The activity itself must be legal (e.g., driving a licensed vehicle).
- Accident or Misfortune: The harm must occur unexpectedly and unintentionally.
- No Criminal Intention or Knowledge: The person must not intend or know that harm is likely.
- Proper Care and Caution: Reasonable precautions must have been taken; reckless acts are not protected.
4. Punishment under BNS Section 18
- No Criminal Punishment: If all conditions are satisfied, the person is not guilty of any offence.
- Civil Liability Possible: The person may still face civil action for damages caused by the accident.
5. Examples of BNS Section 18 in Action
- Example 1 – Sports Accident: A cricket player accidentally injures another player with the ball while playing normally. He is not criminally liable.
- Example 2 – Driving Accident: A driver carefully following road rules causes a minor accident due to sudden technical failure. No crime is committed.
- Example 3 – Factory Mishap: A worker, using machinery as instructed, accidentally causes an injury. Since it was lawful and careful, no criminal liability applies.
6. Importance of BNS Section 18
- Protects individuals acting in good faith.
- Separates accidents from intentional crimes.
- Updates IPC Section 80 with modern clarity.
- Encourages fairness in legal responsibility.
Section 18 BNS Overview
BNS Section 18 states that if someone accidentally causes harm while doing something legal, they are not considered a criminal. This applies as long as they had no intention to cause harm and were being careful. This section protects people from punishment for accidents that happen during lawful activities.
Lawful Act:
- Explanation: This section applies when a person is doing something that is allowed by law. For example, driving a car on the road is a lawful act.
- Detail: The person must be performing an action that is within their legal rights, meaning the act itself is not illegal.
Accident During the Act:
- Explanation: If something goes wrong unexpectedly while performing this lawful act, it is considered an accident. For instance, if you accidentally hit a pedestrian while driving carefully.
- Detail: The key point is that the event was not intended or planned; it happened by chance.
Without Criminal Intent:
- Explanation: The person must not have any intention to cause harm or break the law. For example, you didn’t plan to harm anyone while driving.
- Detail: The absence of criminal intent is crucial; the accident must be purely unintended.
Reasonable Care:
- Explanation: The person should have been acting with reasonable care and caution. This means they were not being reckless or careless at the time of the accident.
- Detail: Even if an accident occurs, if the person was being careful, they are protected under this section.
No Legal Consequences:
- Explanation: If all these conditions are met—lawful act, no intent to harm, and reasonable care—then the person is not held legally responsible for the accident.
- Detail: This protection ensures that people aren’t punished for genuine accidents that occur despite their best efforts to act lawfully.
Examples of Accidents:
- Explanation: An example would be accidentally hitting a cyclist while driving at a safe speed and following all traffic rules. You didn’t intend to cause harm, and you were driving carefully.
- Detail: Such examples help clarify what types of accidents might be covered under this section.
Importance of Good Faith:
- Explanation: The person must be acting in good faith, meaning they genuinely believed they were doing the right thing. For instance, following all traffic signals and driving cautiously.
- Detail: Acting in good faith shows that the person wasn’t trying to cause harm or break the law.
Protection from Legal Action:
- Explanation: This section protects individuals from criminal charges if an accident happens while they are performing a lawful act. They won’t be held responsible as long as they meet the criteria.
- Detail: This legal protection is essential to ensure that people are not unfairly punished for accidents that occur while they are following the law.
Scope of the Law:
- Explanation: The law covers a wide range of lawful acts where accidents might occur, such as driving, using machinery, or any other legal activity where an unintended mishap could happen.
- Detail: This broad scope ensures that many different types of accidents are covered, providing protection in various situations.
Judicial Interpretation:
- Explanation: Courts usually consider whether the person was acting lawfully, without intent to harm, and with reasonable care when deciding if this section applies.
- Detail: Judges will look at all the circumstances to determine if the person should be protected under this law.
Bharatiya Nyaya Sanhita Section 18
| Section | Offense | Punishment | Bailable / Non-Bailable | Cognizable / Non-Cognizable | Trial By |
|---|---|---|---|---|---|
| BNS Section 18 | Accidental acts during lawful activities, done without intent or knowledge, with proper care and caution, are not offences. | No criminal liability if conditions of lawful act, accident, good faith, and due care are met. | Not applicable; section itself provides exemption | Depends on the substantive offence; generally non-cognizable if protected | Ordinary criminal courts; civil liability may still apply |
| IPC Section 80 (Old) | Accidents occurring in the course of lawful acts done with due care, without criminal intent or knowledge, were not treated as offences. | No criminal liability under IPC for accidental harm in lawful activities if proper care was observed. | Not applicable; provision was exculpatory | Cognizability governed by the underlying offence | Regular criminal courts; civil remedies remained possible |
BNS Section 18 FAQs
What is Section 18 of BNS about?
It protects people from being punished for accidents that happen while doing something lawful.
Does Section 18 apply if I was careless?
No, you must have been acting with reasonable care for this protection to apply.
Can I be punished if the accident was intentional?
Yes, this section only protects accidental actions, not intentional ones.
What if I didn’t know the law?
This section only protects those who are following the law and acting with care.
Does this section cover all accidents?
It covers accidents that happen during lawful activities where there was no intent to harm.
Conclusion
BNS Section 18 is an important safeguard for citizens. It makes sure people are not punished for genuine accidents that occur while performing lawful acts. The section balances accountability with fairness by protecting those who act responsibly and without intent to cause harm.
If you are facing a legal case related to accidents, it is important to understand your rights under this provision.
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Finished with BNS Section 18? Continue exploring the next provisions of the Bharatiya Nyaya Sanhita (BNS), 2023. Each section includes explanations, examples, and plain-language breakdowns for easy understanding.
Chapter III – General Exceptions
BNS Section 19 — Act likely to cause harm, but done without criminal intent, and to prevent other harm
https://marriagesolution.in/bns_section/bns-section-19/
BNS Section 20 — Act of a child under seven years of age
https://marriagesolution.in/bns_section/bns-section-20/
BNS Section 21 — Act of a child above seven and under twelve of immature understanding
https://marriagesolution.in/bns_section/bns-section-21/
BNS Section 22 — Act of a person of mental illness
https://marriagesolution.in/bns_section/bns-section-22/
BNS Section 23 — Act of a person incapable of judgment by reason of intoxication caused against his will
https://marriagesolution.in/bns_section/bns-section-23/
Full BNSS Section List:
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Full IPC Section List:
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